Daegu Criminal Attorney Defense | Client Referred to Criminal Trial on a Charge of a Child and Youth Sexual Offense, Acquitted With Daeryun's Assistance

The client faced a criminal complaint alleging that he had engaged in sexual intercourse with the victim, a minor, by deceit.

The circumstances at the time of the incident, as disclosed by the client, are as follows.

The client attempted to make contact in response to the victim, who said in an anonymous chat room that the victim wanted to meet, and this led to a meeting, and the two had sexual intercourse by consent.

Afterward, the two kept in regular contact and had everyday conversations, and they had sexual intercourse two more times.

However, about a month later, the victim learned of having contracted a sexually transmitted disease, and the victim's mother, upon learning that the cause was the relationship with the client, confronted the client.

The client acknowledged all of his fault and offered to compensate for the harm in money, but received no further contact thereafter, and the case was ultimately referred to a criminal trial.

🔗the Act on the Protection of Children·and Youth against Sexual Abuse is a law whose purpose is to prescribe special cases concerning the punishment and procedures for sexual offenses against children·youth, to establish procedures for the remedy and support of victimized children·youth, and to systematically manage offenders who commit sexual offenses against children·youth, thereby protecting children·youth from sexual offenses and enabling children·youth to grow into healthy members of society.

Looking at the content of the conversation between the client and the victim on the day of the incident, it can be seen that the victim first requested the meeting and that, even immediately after the sexual intercourse, the victim continuously kept in contact.

The attorney emphasized that no content blaming the client for having had sexual intercourse with the victim by coercion could be found in the conversation.

The prosecutor stated in the charged facts that the client had decided to have sexual intercourse with the victim by exploiting the fact that the victim, who was young and immature in sexual awareness, could not properly refuse the client's requests.

However, the attorney emphasized that the victim was in fact more open and more active about sex than the client, that the victim had never expressed an intention to refuse sexual intercourse with the client, and that the sexual intercourse had taken place naturally and by consent.

According to the victim's statement, the victim had also had sexual intercourse with another man of unknown identity before the relationship with the client, and the victim admitted to having had sexual intercourse with several other men thereafter as well.

And in light of the fact that the victim had a history of having undergone one examination before the sexually transmitted disease test prompted by this case, the attorney argued that it could not be established with certainty that the cause of the disease lay with the client alone.

If a person is referred to a criminal trial for violation of the Act on the Protection of Children and Youth against Sexual Abuse, a fairly heavy punishment is imposed where the charge is recognized.

Therefore, as with the client above, it is necessary to deny the charge by explaining in detail the exaggerated and unjust portions of the victim's statement.

At Daeryun LLC, attorneys with extensive experience handling cases related to child and youth sexual offenses provide active assistance to resolve clients' grievances and to defend against punishment, so if you need help in this regard, please feel free to request a 🔗legal consultation with Daeryun at any time.